hour for a young man shot and killed by police in walnut creek earlier this week. cbs 5 reporter elissa harrington is at the vigil, where friends and family say the man police described is not the person they knew. elissa. >> reporter: hi, ann. that candlelight vigil has been going on for an hour. you can see a large group of people outside salon amour in downtown walnut creek, where anthony banta, jr., worked for the past two years. those who knew him say he is not the man who police describe attacking his roommate early thursday morning. here's some video from thursday. the 911 call came in just after 3 a.m. dispatchers could hear screaming in the background. officers arrived to the diablo point apartments and say they were forced to shoot banta, who they say was armed. tonight, dozens gathered and shared memories of the man they called gentle and kind. they're puzzled why he acted the way he did thursday morning. we also got a chance to speak with his grandfather, who tearfully described a grandson

who was very loved. he told me he does not know of any mental illness in the family but is convinced that something must have happened before that attack. he also wants answers from police. >> we just don't understand how somebody could have taken his life. [ crying ] >> i'm certain something happened. but how somebody could -- you know, he is small in stature. 5'4", 130 pounds. how threatening is that? >> reporter: the family also gave me a written statement. part of it reads, "we believe from this, we are able to learn, strengthen and better our communities. thank god for family and friends in this deep sorrow." the officers involved have been put on paid administrative leave while the district attorney investigates. i put in a call to walnut creek mrs. earlier this afternoon but -- earlier this afternoon but have not her back from the walnut creek police. a san francisco woman traumatized after being robbed on the street was not injured

and the thief only got a few dollars. but as cbs 5 reporter patrick sedillo shows us, what he took from her was much more valuable than money. >> i hard him say, i'm going to kill your dog. >> pekingese 12 years old, sweetest thing ever. >> reporter: she asked not to be named so we won't show her face. this woman was robbed yesterday not only of money, but her best friend roxy, who she loved most on this earth. >> she was my best friend of the she was always there. >> reporter: she had lost her phone in her car so she parked to look for it when a man approached her at len worth and golden gate. >> he -- leavenworth and golden gate. >> he said give me all your money. >> reporter: he rifled through her pockets and found only $5 and roxy started barking. >> he said i'm going to kill your dog. >> reporter: after a struggle he made good on his promise. >> and he grabbed roxy from her collar, all of a sudden i see her fly towards traffic.

threw her in traffic. >> reporter: roxy was rushed to the emergency room but it was too late. >> they said she was pretty bad in critical condition. so i had to put her down. >> it was horrendous. >> reporter: michael bruno saw the whole thing. >> she didn't have enough money, he took her dog, lifted it over his head and hurled it into moving traffic. >> reporter: the suspect is described by police as a black male 30 to 35. they are also looking for any video evidence from the scene. this woman's heart is broken. >> i can't sleep. i can't close my eyes because the second i do, i see everything in my head again. >> reporter: if anyone has any information leading to the arrest and conviction of the person who killed roxy, there is a $1,000 reward. reporting from san francisco, patrick sedillo, cbs 5. >> more information is coming out about the father and son who died in san francisco bay last night. today the marin county coroner

released the victims' names. 37-year-old juan rojas of san francisco drowned while trying to save his 9-year-old son juan. the two of them were fishing along the shoreline of benito cove yesterday afternoon when a wave swept them into the ocean. their bodies were recovered from the bay around 5:30 last night. while the waters can be dangerous, many surfers are taking advantage of the big waves. and we caught a couple of them this afternoon at rock way beach in pacifica. the waves didn't get that big there. they reached up to 22 feet in other areas. either way, people in the water had to deal with strong rip currents. >> didn't realize they were quite that strong. definitely rough out there. so just a couple of surfers out there that we were watching and decided to back off because of all the -- with how strong the waves are. >> for more on the high surf, let's check in with elizabeth wenger in the weather center. >> reporter: a few more hours and we'll see that high surf advisory in effect until 10 p.m. tonight. that's when it's set to expire but obviously those are pretty

powerful breaking waves. once that advisory expires, it's this. the cold temperatures that we'll be dealing with overnight. check out the temperatures already. right now, pretty cool. 48 in redwood city. only 43 in fairfield. and napa 42 degrees. so overnight, some places especially in the north bay or east bay interior valleys going to see temperatures below freezing. partly cloudy skies, and checking our satellite and radar picture, any rain chances they are out of here for now. low pressure moves south towards monterey county. so when will the rain make a comeback towards the bay area? we'll let you know plus a look at your seven-day forecast coming up. more than three dozen people are homeless tonight after a fire ripped through several apartment buildings in the mission district. it broke out at 9:30 this morning on 23rd street and spread to nearby buildings. firefighters worked for almost two hours to contain it. five multi-unit buildings were involved and investigators believe at least three buildings are a total loss. some people said their

neighbors saved their lives by waking them up. firefighters say it could have been worse if the fire broke out in the middle of the night. >> i think it's either zero property lines between these buildings, i believe that this fire was going good in the back before anybody reported it or saw it. that's why so many buildings got involved. >> no one was hurt in the fire. investigators are still trying to figure out the cause. a high school party at hotel intercontinental in san francisco took a turn for the worse late last night after several fights broke out and two people were pepper sprayed. management tried to shut down the party when things got out of control but ended up calling police. two people were arrested. the 800 partiers evacuated the hotel about 11 p.m. no other injuries were reported. authorities are trying to find the owners of three horses killed on a bay area freeway. they were spotted on 280 near alpine road around 5 a.m. shortly after the horses were hit boy two cars. one of them overturned.

none of the drivers was seriously injured. northbound traffic was shut down until around 7 a.m. while animal control pulled the horses off the freeway. a fourth horse was found unhurt farther down the highway. a lot of new laws are set to take effect in a few days. but which behind the wheel no, no will soon be okay? >> can i get a deal? hope so. >> that's the question everyone wants to know. what lawmakers in washington are doing to try to avoid the "fiscal cliff." ,, ,,,,,,,,,,,,

fiscal cliff. the house and senate return to work tomor s reporter tara me the clock is ticking as congressional leaders struggle to avoid the "fiscal cliff." the house and senate return to work tomorrow. cbs reporter tara mergener on what senate leaders are doing to come up with a last-minute compromise. >> reporter: house majority leader john boehner and senate minority leader mitch mcconnell were in the capital building today hoping to beat the deadline to the luge "fiscal cliff." >> got to get a deal? >> hope so. >> reporter: behind closed doors, senate leaders are cobbling together a pared down agreement that at least

protects the middle class from tax increases january 1. it won't address deficit resit, across-the-board spending cuts or other issues. in both party addresses, it's clear a big sticking point remains. >> it's a balanced plan one that would protect the middle class, cut spending in a responsible way, and ask the wealthiest americans to pay more. >> the president's tax hike would only fund the government for 8 days. americans deserve to know what is the president proposing we do for the other 357 days of the year? >> reporter: both the house and the senate will be in session tomorrow. the senate is expected to take the lead and vote on the scaled back bill. then send it to the house. as many americans brace for the worst, patience is running out. >> they're playing games with people's lives. and i don't think that's correct. >> reporter: even if congress manages to break the gridlock in time, more trouble is just around the corner.

when the u.s. reaches the debt limit again in a few weeks. tara mergener for cbs news, washington. a new state law that goes into effect tuesday worries people concerned about distracted driving. the law will allow drivers to send text messages as long as they use technology that is fully voice operated and hands- free. supporters of the new law say it's better than having drivers type while driving but opponents say that hands-free texting still draws attention away from the road. other than laws going into effect carbon monoxide detectors must be installed in condos and apartments with smoke detectors. two laws ban businesses and schools from demanding that employees or students share their social media information. breast-feeding will be added to protected conditions that prevent discrimination in employment or housing. school officials and coaches must report suspected child sexual abuse. and testing of self-driving

cars will be allowed on california roads. and here in the bay area, another county is jumping on the plastic bag ban on new year's day. alameda county joins san francisco, san mateo county, san jose and 49 other california cities and counties that do not provide free single- use plastic bags at grocery stores. all stores selling packaged food must also charge at least 10 cents for each paper bag. it the middle of december and there's a game at at&t park. it wasn't the giants. who took the field in san francisco? >> clear and cool, that's the name of the game for tonight. here's a live look out over san jose where the temperature right now is coming in at 47 degrees. some areas will see temperatures below freezing overnight. we'll tell you where plus check your seven-day forecast coming up. ,,,,,,,,,,,,,,,,,,

no rain today. but boy, did it feel cold! liz is filling in tonight for roberta. >> it is getting chilly and will be colder overnight. ditch the umbrellas for the next 24 hours or so and then grab a jacket because this is what it looks like outside. it is chilly. really cold outside in spots. going to get colder overnight because temperatures are falling below freezing especially those inland valleys. so here's your temperatures out the door right now. oakland 51. but look at concord, 44 degrees. 47 in san jose and santa rosa. yeah, tonight's the night

clearing. that's why we're seeing these cooler temperatures. 30 degrees inland, 34 around the coast and bay. tomorrow temperatures similar to what we saw today. you're going to see these readings a tick below normal about 5 degrees below normal for the end of december mainly low 50s out the door by the afternoon and a mix of sun and clouds. the reason there is a low pressure system continues to move farther south. we were seeing it on monterey county earlier but you can see clear skies around the the bay area and not a raindrop in sight. so our hi-def doppler is taking a break. here is futurecast. checking tomorrow, it looks okay rain-wise and then monday during the day things still unsettled. we're not looking at a huge washout a huge rainout but you could see sprinkles especially during the day looks like the an on monday. that's new year's eve so i know a lot of people have new year's eve night plans. for the most part it looks dry and great on new year's day. we're expecting plenty of sunshine on tuesday with no

rain. so lows overnight once again the cold temperatures. fairfield, 32 overnight. check out livermore one of those inland valleys we have been talking about, 30 as well in santa rosa and 39 overnight in oakland. so for tomorrow once again a lot of low 50s, kind of similar to what we saw today. and if you are doing any traveling around northern california, for the most part dry getting some snow in yosemite and a lot of clouds out in lak -- out in lake tahoe. no chain requirements to the sierra. here's a look at the forecast for the next several days. monday hit or miss, not a lot of rain but we put a chance in the fork anyi what. wednesday into thursday night, once again another area of low pressure heading our way making things a little unsettled possibly wet. >> we need the rain. >> thank you. the tailgaters were back out at at&t park this afternoon. no, it wasn't for the giants who are smack-dab in the middle

of their off season. fans of the navy and arizona state football teams came out to cheer them on in the kraft fight hunger bowl. there will only be one more year of this bowl at the home of the giants though. the game will be played at the 49ers' new stadium in santa clara in 2014. as for the final score, you'll have to check in with this man. >> i'll tell you 90 total points and there's a lot of football at at&t park and i'll have the highlights from that kraft fight hunger bowl and from stanford and uconn here that's cool. all the action coming up after the break. [ laughter ] [ girl ] wow, you guys have it easy.

i wish i had u-verse when i was your age. in my day, we didn't have these fancy wireless receivers. blah blah blah. if i had a sleepover, i couldn't just move the tv into the playroom. no. we had to watch movies in the den bese that's where thv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver only from at&t u-verse. get u-verse tv for $29 a month for six months. rethink possible.

squared off today... #1 stad hosted #2 uconn.. the lady huskies had never n at stanford.. not many teams have... at stake for the lady cardinal, their 82e the top two teams in women's college basketball stanford and uconn. the lady huskies never won at stanford. at stake for the lady cardinal their 82-game home win streak. that's impressive. maples is the site of this one. right off the tip, feed low stanford up 2-0 their only lead of the game though. just a really tough day for the lady cardinal all around. they could not find the bucket. only 13 points the first half. and they shot just 19%on the afternoon. that was a look right there. second half she comes up with the steal nice move behind the back but just that kind of day she can't get the layup to fall. she had 18 points. and just six of 22 from the

field. uconn was led by lewis. she had a game-high 19 points. doing it from everywhere for the huskies. stanford's 82-game home win streak is snapped and the first loss of the year as uconn blows out the cardinal on their home floor 61-35. >> it was a bad day. i mean, we just, you know, whatever we're trying to do, we really struggled with it. >> for us to win a game here in late december, it's no more than just a big win against a really good team. i didn't all excited about us winning 90. -- 90. i just like the fact when we needed to make a three we made one. >> there's a lot of fuel to the fire. i think we have had a rough preseason. i think that connecticut team we played against for 40 minutes was the standard. and the great thing is that now we've experienced the standard. men's college basketball santa clara with a rare visit to coach k and duke. they played well against the top ranked team in the country.

foster gave the broncos a one points lead and in the second half duke took over. that's seth curry seth's brother with the three ball and then the fast break the feed to curry who hits another three season high 31 for curry, duke wins 90-77. i'm sure there were peanuts and crackerjacks out at the old ballpark today but no baseball for the 11th time at&t park the home of the giants hosted a bowl game. the kraft fight hunger bowl had arizona state of the pac-10 against navy. senator john mccain on the coin toss. there it is. first drive of the game arizona state gets on the board. they play fake, taylor kelly to ross. sun devils on the board first. it was all sau all game long. already up 34-7, the same took hook up again this time a 50- yard pass. arizona state all over navy 62- 28. >> more football in a baseball park a snow ee yankee stadium for the pinstripe bowl.

syracuse and west virginia, syracuse up in the second half when gully goes 67 yards, a little snow doesn't bother him. into the end zone finishing with 215 yards on the ground and a pair of scores. syracuse 38-14. stanford will take on wisconsin in the rose bowl on new year's day. yesterday the cardinal had a nice day off and did what most people do when they are on vacation in southern california. >> it's great to have you join us here today at the happiest place on earth. >> that's right! it is disneyland. look at the faces on these guys. they are riding the matterhorn having a blast. the coach and team relaxing before the big game. the players definitely happy to meet some of the childhood idols. >> went straight in for a little bro hug there. so you know, it was definitely a touching moment for us too. >> yeah. mickey mouse, he impressed me. i thought he was going to be a

lot smaller than he was. he's kind of big, a nice firm handshake when i shook his hand so that was a nice experience. i have mickey stuff back in my room back home so it was nice to see the real deal. >> yeah, the bro hug. the warriors beat the 76ers. wright lost has shoe. another play throws it into the stands. warriors host the celtics tonight at 7:30. tomorrow, you can watch the raiders' season finale right here on cbs 5. terrelle pryor gets the call as quarterback against the chargers and following the game you can watch the fifth quarter. >> i thought that was cool, you know, hanging out with mickey. >> i love those players' reaction. that was cute. >> always fun. >> it's mickey. >> the bro hug and a firm handshake. forecasters said this is

going to be a drier year than normal. so what happened? we're already well above average rainfall. what all this rain and the huge snowpack means for our water supply that at 10:00 on the cw 44/cable 12 and at 11:00 on cbs 5. that's going to do it for this edition of eyewitness news. i won't get on you right now. [ laughter ] >> we'll see you again at 11. until then your latest news and weather are on cbssf.com. have a good night. captions by: caption colorado comments@captioncolorado.com ,,,,,,,,,,,,,,,,

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